Bruce v. Tompkins Cnty. Dep't of Soc. Servs.

Full title: RUDOPH M. BRUCE, II, on behalf of himself and his son, T.R.B., Plaintiff…

Court: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

Date published: Jan 7, 2015

5:14-CV-0941 (GTS/DEP) (N.D.N.Y. Jan. 7, 2015)

Opinion

5:14-CV-0941 (GTS/DEP)

01-07-2015

RUDOPH M. BRUCE, II, on behalf of himself and his son, T.R.B., Plaintiff, v. TOMPKINS CNTY. DEP'T OF SOC. SERVS., through Kit Kephart, Cmm'r; JENNIFER M. DONLAN, ESQ.; and PATRICIA A. CAREY, Comm'r, Tompkins Cnty. Dep't of Soc. Servs., Defendants.

APPEARANCES: RUDOLPH M. BRUCE, II Plaintiff, Pro Se 631B Black Oak Road Newfield, New York 14867

GLENN T. SUDDABY, United States District Judge

APPEARANCES: RUDOLPH M. BRUCE, II

Plaintiff, Pro Se
631B Black Oak Road
Newfield, New York 14867
GLENN T. SUDDABY, United States District Judge DECISION and ORDER

Currently before the Court, in this pro se civil rights action filed by Rudolph M. Bruce, II, on behalf of himself and his son T.R.B. ("Plaintiff") against the above-captioned county and two individuals ("Defendants") arising from a currently pending proceeding in Tompkins County Family Court, are (1) United States Magistrate Judge David E. Peebles' Report-Recommendation recommending that Plaintiff's Complaint be dismissed without leave to replead and without prejudice pursuant to the Younger doctrine, and (2) Plaintiff's two-page Objection, which fails to contain a specific challenge to the Report-Recommendation. (Dkt. Nos. 4, 5.) After carefully reviewing the relevant filings in this action, the Court can find no clear error in the Report-Recommendation: Magistrate Judge Peebles employed the correct legal standards, accurately recited the facts, and reasonably applied the law to those facts. As a result, the Court accepts and adopts the Report-Recommendation for the reasons stated therein. (Dkt. No. 4.) The Court would add only that Magistrate Judge Peebles' thorough Report-Recommendation would survive even a de novo review.

ACCORDINGLY, it is

ORDERED that Magistrate Judge Peebles' Report-Recommendation (Dkt. No. 4) is ACCEPTED and ADOPTED in its entirety; and it is further

ORDERED that Plaintiff's Complaint (Dkt. No. 1) is DISMISSED without leave to replead and without prejudice.

The Court hereby certifies, for purposes of 28 U.S.C. § 1915(a)(3), that any appeal taken from the Court's final judgment in this action would not be taken in good faith. Dated: January 7, 2015

Syracuse, New York

/s/_________

Hon. Glenn T. Suddaby

U.S. District Judge